Premarital Property? Yours or mine...

The Court of Appeals, in In Re: Marriage of Slinger (6/11/08), specifically addressed the issue of what happens when a couple brings significant premarital property into a marriage. Husband brought into the marriage 5 rental properties and Wife brought in $42,000 cash. During the course of the 10 year marriage the parties commingled the assets and used them to pay off debt and buy marital items. The District Court determined that a sizeable portion of the assets would retain their premarital status, however, the Court of Appeals disagreed and divided same as marital... Just because you bring it into the marriage does not mean its yours in the divorce....

Extra-ordinary visitation: Do all children have to attend visitation?

In In Re: Marriage of Williams (6/11/08), the parents agreed that Dad would have primary physical care and mom would have visitation. The parties had three children and mom exercised weekly Wednesday visitation with one child, not all three, therefore, Mom had sufficient overnights to receive the credit if calculated using one child not three. At the time of the entry of the Decree, it was agreed that Mom would be given an extraordinary visitation credit of 15% due to her visitation. Dad attempted to modify the Decree as Mom's income had increased. Dad argued, however, that Mom should not receive the creditbecause she did not have all three children with her 127 or more overnights. The Court of Appeals held that Mom should receive the credit as there was no substantial change in circumstances from the original Decree relative to the amount of time Mom was with the chidren.